HomeMy WebLinkAboutContract 26665 CONDITIONALLY-EXEMPT SMALL QUANTITY GENERATOR
WASTE DISPOSAL AGREEMENT CITY SECRETARY r (
CONTRACT NO,
This AGREEMENT is made by and between the City of Fort Worth, a home-rule municipal
corporation situated in Tarrant and Denton County, Texas, ("City"), acting by and through
Charles Boswell, its duly authorized Assistant City Manager, and the following Conditionally-
Exempt Small Quantity Generator company "CESQG":
Name of company:__(ZAt/d t /Ai L
Mailing address of company: /5tt f-as .4otw4i Fort Worth Texas
Type of business entity:
(example: corporation, partnership, sole proprietorship)
Company's SIC code:
Name of person entering into this agreement: «+4.0�
Title of person entering into this agreement: 0 �e
In consideration of the mutual promises and benefits of this Contract, the City and the CESQG
agree as follows:
1. CERTIFICATION OF CESQG STATUS —
CESQG hereby certifies that it is a conditionally-exempt small quantity generator under the
laws of the United States and the State of Texas, and that under normal operating condition,
its business generates less than 220 pounds (26.5 gallons) of hazardous waste(s) and less
than 2.2 pounds (0.265 gallons) of acutely hazardous waste(s) in one calendar n oath.
2. TERM - The term of this AGREEMENT shall run from the last party signs this AGREEMENT
until September 30, 2001.
3. CITY'S RIGHTS AND OBLIGATIONS -
A. CITY shall accept and arrange for the disposal the following waste(s)s from CESQG:
antifreeze; cleaning solutions; corrosives; flammables; oil (motor oil, spent oil); oxidizers;
latex and oil-based paints; pesticides & herbicides; solvents & thinners; fertilizers; motor
grease and food grease; alkaline batteries, button batteries, lead acid batteries, lithium
batteries NiCd batteries; aerosol cans; non-PCB ballasts; fluorescent bulbs and oii filters.
CITY will not accept any other waste(s).
B. CITY will go to CESQG'S place of business to review CESQG's stored waste(s) and t
provide a written estimate of the weight/volume of such waste(s) and the costsCllY wil
charge CESQG to accept such waste(s) at the Environmental Collection Center (ECC)
located at 6400 Bridge Street, Fort Worth, Texas. CESQG acknowledges tha, writlen
estimates shall not be binding on the CITY.
C. CITY will accept waste(s) from CESQG on an APPOINTMENT-ONLY BASIS at the ECC.
D. For waste that CITY accepts from the CESQG at the ECC, CITY will. provide for a waste
disposal/recycli;ig firm or firms to collect, transport, store, dispose of, treat, recover,
Conditionally-Exempt Small Quantity Generator Page 1
Waste Disposal Agreement
�ffliCOA ECOM
U Uo IIUVI'II'�JU� IILti!/�a
and/or reuse hazardous waste and other solid waste(s).
E. CITY will, if requested in writing by CESQG, provide CESQG with copies u: .past_
manifests for shipments of CESQG'S waste(s) from the ECC. CESQG understands .nat :'.s
waste(s) v ill be c,3nsolidated at the ECC with the waste(s) of other
small quantity generators and household hazardous waste(s).
F. CITY will act uncle- this Agreement in accordance with all applicable state ares t(,1C:1..
G. CITY reserves the right to reject any and all waste(s).
CESQG'S OBLIGATIONS AND RESPONSIBILITIES -
A. CESQG agrees that it shall safely transport iu the ECC its waste(s) for
this AGREEMENT following all state and federal laws. CESQG understavl4'�' tr 3t
regulations under Title 49 of the United States Code of Federal Regulations a,, ,iy fo,
the transport of Hazardous materials in commerce.
B. CESQG ay-ees teat it shall bring only the type(s) of waste(s) that is acceptable
to Section 3 A aLove.
C. CESQG agrees that it shall bring waste(s) to the ECC only after first getting ., ; 'ritt'_r
cost estimate from CITY and scheduling an appointment. CESQG agrees t};:_,T sr,
bring waste(s) jrtly at its scheduled appointment dates and times.
D. CESQG agrees that the waste(s) it brings to the ECC shall be represented and
to CITY to the best of CESQG'S ability. CESGQ agrees that it shall not brincl unl.nov,r
waste(s) to the ECC.
E. The physical address(es) of CESQG'S facilities that are covered un:ler t,
AGREEMENT are as follows:
F. CESQG ACKNOWLEDGES THAT IT IS FULLY AWARE OF THE RESPONSI� i:_ITIE
AND LIABILITIES UNDER THE LAWS OF THE UNITED STATES AND OF Tt-,L
STATE OF TEXAS FOR THE GENERATORS OF HAZARDOUS WASTE(S). CLSOC
AGREES THAT NOTHING IN THIS AGREEMENT SHALL RELIEVE IT FROM S; I
RESPONSIBILITIES AND LIABILITIES.
5. COMPENSATION -
A. CESQG agrees io pay CITY for accepting and disposing of waste(s) in accordance wi;n
the following fee schedule:
All Waste.............................$55.00 base fee per delivery plus:
Concitionally-Exempt Sn-a l Quantity Generator ;c;C
^"Vaste Disposal Agreemcr.;
, t
Liquids Solids
Antifreeze....................$0.55 per gallon Fertilizers.. ........................$9.14 per gallon
Cleaning Solutions ........$3.10 per gallon Grease (motor, food).......:.......$4.10 per gallon
Corrosives...................$3.10 per gallon Pesticides & Herbicides............$9.14 per gallon
Flammables................. $1.63 per gallon Batteries
Oil (motor oil, spent oil) $0.05 per gallon Alkaline..................................$0.16 per pound
Oxidizers.................... $3.46 per gallon Button....................................$0.16 per pound
Paint (latex, oil-based) $1.36 per gallon. Lead Acid............................... NO CHARGE
Pesticides & Herbicides .$4.54 per gallon Lithium...................................$1.80 per pound
Solvents & Thinners......$1.63 per gallon NiCd...... ..............................$1.80 per pound
Other
Aerosol Cans...............$0.67 per pound
Ballasts (non-PCB)........$6.00 per ballast
Fluorescent Bulbs.........$0.60 per bulb
Oil Filters.....................$0.40 per filter
B. CESQG acknowledges and agrees that City may adjust any fee listed in Section 6 "A"
during the term of this agreement by giving CESQG 60 days notice.
C. PARTIAL QUANTITIES - Any partial gallon or any partial pound of waste shall be
charged as a full gallon or pound.
D. CESQG understands that payment to CITY is required at the time of delivery of waste(s)
to the ECC, and agrees that it shall make such payment at such time, by check only,
payable to "City of Fort Worth - DEM". Charges to CESQG shall be based upon the
actual type and.amount of waste(s) delivered to the ECC by CESQG and not upon the
written estimate provided to CESQG by CITY. In addition, a $25.00 return check fee will
be charged for any check that is dishonored.
E. CESQG understands and agrees -that CITY will require additional payment if it is
determined that waste(s) brought to the ECC by CESQG have been misidentified and
that the cost to CITY to dispose of such waste(s) is more than.originally estimated. CITY
shall bill CESQG for these additional costs by written statement. CESQG agrees to pay
CITY no later than 30 days following the date of the statement.
7. TERMINATION—
CITY reserves the right to terminate this AGREEMENT at any time, without cause and
for any reason whatsoever, by providing written notice to CESQG. Such termination
shall be effective immediately.
8: ENVIRONMENTAL INDEMNIFICATION: CESQG DOES HEREBY RELEASE,
Conditionally-Exempt Small Quantity Generator Page 3
Waste Disposal Agreement
PIvy t�� ' ��
INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CIT':', IT:-
OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEE=RS, AGAINST ANY ANP
ALL ENVIRONMENTAL DAMAGES AND THE VIOLATION OF ANY AND ALL
ENVIRONMENTAL REQUIREMENTS RESULTING FROM THE CESQG'S
HANDLING, COLLECTION, TRANSPORTATION, TESTING, STORAGE
DISPOSAL, TREATMENT OF WASTE(S) GENERAGTI:D BY CESQG.
Tne obligations of the Contractor under this Section shall suwr:,- the- eAp, L:t...,. o. tl 1!-- _ a',:.
anu the discharge of � li other obligations owed by the parties to eack. other.
ENTIRETY - This AGREEMENT and all delivery documents signed under this AGR'1Ef,�1El`. "
contain all comnAn eats and agreements of the parties her(Ao, :and no cttaer ora! :rit
-ommitments sl)zA t ✓e any force or effect .f not contained
10. SEVERABILITY - In the event any one or more of the provisions contained n th
AGREEMENT shal" for any reason be held to be invalid, illegal, or unenforceabl- in
resect, such invalidity, illegality, or unenforceability shall no,, ,affect any other provision tht r- 't
this AGRI_;=(,'.=HJT shall be construed as if such n,' ;li ;, i leuLil, or unenfo, -e-
�.rov sons had neve been contained herein.
i. VENUE - Shoi.:.d a y action, real or asserted, at law or in e,a!iti, arise out of the term's a,!d
conditions of this AC PEEMENT, venue forsaid action shall be a -Tarrant County,Texas.
�IT1" and CESQG na. ,xecuted this AGREEMENT in triplicate ri.I nals on tr,e date ,t
elo,,v
CITY CESQG
BY. BY:
Charles Boswell, Print name: _ A_1 �-s_
Assist nt City M, ,.ager (Circle one) O,tvne resident,Vice F eside,,t
lL— Date: — -- =z -=` `-- - --
TEST: WITNESS.
Wiv
L C Ai -Z- - �
Gloria Pearson, City ,;,-retary Print name: _-
=,FPR0VED AC
=ORS AND BY: Contract Authorization
Assi ant C '06
Date
Co—dc onalry-Exemr _,t S;, Quantity Ge,ierator
uste D sposal qre n r, U �6G6�°;;i� J'�E CVUSDQ
'oir'�Glo Tag
City of Fort Worth, Texas
4vayor And Council Communication
DATE REFERENCE NUMBER LOG NAMEE
PAG
8/22/00 **G-12992 52COLLECTION 1 of 2
SUBJECT APPROVAL OF FEE SCHEDULE FOR FORT WORTH SMALL BUSINESS
HAZARDOUS WASTE PILOT PROGRAM AT THE ENVIRONMENTAL COLLECTION
CENTER
RECOMMENDATION:
It is recommended that the City Council authorize the attached fee schedule to be used for the Small
Business Hazardous Waste Pilot Program for Fort Worth Small Business Owners at the Environmental
Collection Center beginning October 1, 2000.
DISCUSSION:
In an effort to better serve Fort Worth small business owners, the Environmental Collection Center
(ECC) is proposing a hazardous waste pilot program for businesses classified as Conditionally Exempt
Small Quantity Generators (CESQGs) beginning October 1, 2000. The Texas Natural Resource
Conservation Commission (TNRCC) defines CESQGs as entities that generate less than 220 pounds
(26.5 gallons) of hazardous waste per month and/or less than 2.2 pounds (.265 gallons) of a
designated acutely hazardous waste. CESQGs cannot accumulate more than 2,200 pounds of waste
on their property on an annual basis.
Over the last year, the ECC has seen an increase in the number of contractors attempting to dispose of
their commercial waste as household hazardous waste. CESQGs traditionally have minimal disposal
outlets for the waste they generate. When businesses are able to find disposal outlets, the cost for the
disposal is frequently so expensive many contractors look for more economical ways of disposing of
these wastes including illegal dumping. Implementation of this program will help to slow illegal dumping
as well as provide a service to area businesses.
A modest informational advertisement program will initiate the CESQG waste disposal during its first
year as a pilot program. Instead of a formal advertising campaign, the ECC will alert Fort Worth small
business associations to our services. The ECC staff will also make presentations and distribute
pamphlets to businesses interested in the proper disposal of their hazardous waste.
The CESQG program will be by appointment only. Patrons of this program will be scheduled to drop off
waste on Tuesday, Wednesday, or Friday. Businesses will be made aware of the strict appointment
policy. The appointment policy will allow the ECC to monitor (1) waste amounts and businesses that
fall outside of the strict CESQG guidelines; (2) types of waste brought to the ECC (i.e., no radioactive
material or ammunition is accepted); and (3) scheduling of temporary staff on collection days.
All small business owners will be required to sign a release indemnifying the City from liability for the
waste.
The City Council's Government Relations Committee was briefed on this pilot program at their meeting
on August 8, 2000.
City of Fort Worth, Texas
"actor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
8/22/00 **G-12992 1 52COLLECTION 2 of 2
SUBJECT APPROVAL OF FEE SCHEDULE FOR FORT WORTH SMALL BUSINESS
HAZARDOUS WASTE PILOT PROGRAM AT THE ENVIRONMENTAL COLLECTION
CENTER
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Department of Environmental Management will be responsible
for the collection of fees due.
CB:I
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Charles Boswell _8511 CITY COUNCIL
Originating Department Head: V'V L
Brian Boemer 8085 (from) AUG 22 2000
Additional Information Contact: �&- .,;,j
City Secretary of the
City of Fort Word:,Texas
Brian Boemer 8085